Bill Text: IA HF272 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act removing gender identity as a protected class under the Iowa civil rights Act.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2021-01-28 - Introduced, referred to Judiciary. H.J. 232. [HF272 Detail]

Download: Iowa-2021-HF272-Introduced.html
House File 272 - Introduced HOUSE FILE 272 BY FISHER , WHEELER , CISNEROS , and SALMON A BILL FOR An Act removing gender identity as a protected class under the 1 Iowa civil rights Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1563YH (3) 89 cm/jh
H.F. 272 Section 1. Section 216.2, subsection 10, Code 2021, is 1 amended by striking the subsection. 2 Sec. 2. Section 216.5, subsections 6 and 8, Code 2021, are 3 amended to read as follows: 4 6. To issue such publications and reports of investigations 5 and research as in the judgment of the commission shall tend 6 to promote goodwill among the various racial, religious, and 7 ethnic groups of the state and which shall tend to minimize or 8 eliminate discrimination in public accommodations, employment, 9 apprenticeship and on-the-job training programs, vocational 10 schools, career and technical education programs, or housing 11 because of race, creed, color, sex, sexual orientation, gender 12 identity, national origin, religion, ancestry, or disability. 13 8. To make recommendations to the general assembly for 14 such further legislation concerning discrimination because of 15 race, creed, color, sex, sexual orientation, gender identity, 16 national origin, religion, ancestry, or disability as it may 17 deem necessary and desirable. 18 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c, 19 Code 2021, are amended to read as follows: 20 a. Person to refuse to hire, accept, register, classify, 21 or refer for employment, to discharge any employee, or to 22 otherwise discriminate in employment against any applicant 23 for employment or any employee because of the age, race, 24 creed, color, sex, sexual orientation, gender identity, 25 national origin, religion, or disability of such applicant or 26 employee, unless based upon the nature of the occupation. If a 27 person with a disability is qualified to perform a particular 28 occupation, by reason of training or experience, the nature 29 of that occupation shall not be the basis for exception to 30 the unfair or discriminatory practices prohibited by this 31 subsection . 32 b. Labor organization or the employees, agents, or members 33 thereof to refuse to admit to membership any applicant, to 34 expel any member, or to otherwise discriminate against any 35 -1- LSB 1563YH (3) 89 cm/jh 1/ 8
H.F. 272 applicant for membership or any member in the privileges, 1 rights, or benefits of such membership because of the age, 2 race, creed, color, sex, sexual orientation, gender identity, 3 national origin, religion, or disability of such applicant or 4 member. 5 c. Employer, employment agency, labor organization, or the 6 employees, agents, or members thereof to directly or indirectly 7 advertise or in any other manner indicate or publicize that 8 individuals of any particular age, race, creed, color, sex, 9 sexual orientation, gender identity, national origin, religion, 10 or disability are unwelcome, objectionable, not acceptable, or 11 not solicited for employment or membership unless based on the 12 nature of the occupation. 13 (1) If a person with a disability is qualified to perform a 14 particular occupation by reason of training or experience, the 15 nature of that occupation shall not be the basis for exception 16 to the unfair or discriminatory practices prohibited by this 17 subsection . 18 (2) An employer, employment agency, or their employees, 19 servants, or agents may offer employment or advertise for 20 employment to only persons with disabilities, when other 21 applicants have available to them other employment compatible 22 with their ability which would not be available to persons 23 with disabilities because of their disabilities. Any such 24 employment or offer of employment shall not discriminate among 25 persons with disabilities on the basis of race, color, creed, 26 sex, sexual orientation, gender identity, or national origin. 27 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 2021, 28 is amended to read as follows: 29 d. Any bona fide religious institution or its educational 30 facility, association, corporation, or society with respect 31 to any qualifications for employment based on religion , or 32 sexual orientation , or gender identity when such qualifications 33 are related to a bona fide religious purpose. A religious 34 qualification for instructional personnel or an administrative 35 -2- LSB 1563YH (3) 89 cm/jh 2/ 8
H.F. 272 officer, serving in a supervisory capacity of a bona fide 1 religious educational facility or religious institution, shall 2 be presumed to be a bona fide occupational qualification. 3 Sec. 5. Section 216.6A, subsection 1, paragraph a, 4 unnumbered paragraph 1, Code 2021, is amended to read as 5 follows: 6 The general assembly finds that the practice of 7 discriminating against any employee because of the age, 8 race, creed, color, sex, sexual orientation, gender identity, 9 national origin, religion, or disability of such employee by 10 paying wages to such employee at a rate less than the rate paid 11 to other employees does all of the following: 12 Sec. 6. Section 216.6A, subsection 1, paragraph b, Code 13 2021, is amended to read as follows: 14 b. The general assembly declares that it is the policy 15 of this state to correct and, as rapidly as possible, to 16 eliminate, discriminatory wage practices based on age, race, 17 creed, color, sex, sexual orientation, gender identity, 18 national origin, religion, and disability. 19 Sec. 7. Section 216.6A, subsection 2, paragraph a, Code 20 2021, is amended to read as follows: 21 a. It shall be an unfair or discriminatory practice for any 22 employer or agent of any employer to discriminate against any 23 employee because of the age, race, creed, color, sex, sexual 24 orientation, gender identity, national origin, religion, or 25 disability of such employee by paying wages to such employee 26 at a rate less than the rate paid to other employees who are 27 employed within the same establishment for equal work on jobs, 28 the performance of which requires equal skill, effort, and 29 responsibility, and which are performed under similar working 30 conditions. An employer or agent of an employer who is paying 31 wages to an employee at a rate less than the rate paid to other 32 employees in violation of this section shall not remedy the 33 violation by reducing the wage rate of any employee. 34 Sec. 8. Section 216.6A, subsection 3, paragraph d, Code 35 -3- LSB 1563YH (3) 89 cm/jh 3/ 8
H.F. 272 2021, is amended to read as follows: 1 d. Pay differential is based on any other factor other than 2 the age, race, creed, color, sex, sexual orientation, gender 3 identity, national origin, religion, or disability of such 4 employee. 5 Sec. 9. Section 216.7, subsection 1, paragraphs a and b, 6 Code 2021, are amended to read as follows: 7 a. To refuse or deny to any person because of race, 8 creed, color, sex, sexual orientation, gender identity, 9 national origin, religion, or disability the accommodations, 10 advantages, facilities, services, or privileges thereof, 11 or otherwise to discriminate against any person because of 12 race, creed, color, sex, sexual orientation, gender identity, 13 national origin, religion, or disability in the furnishing 14 of such accommodations, advantages, facilities, services, or 15 privileges. 16 b. To directly or indirectly advertise or in any other 17 manner indicate or publicize that the patronage of persons of 18 any particular race, creed, color, sex, sexual orientation, 19 gender identity, national origin, religion, or disability is 20 unwelcome, objectionable, not acceptable, or not solicited. 21 Sec. 10. Section 216.7, subsection 2, paragraph a, Code 22 2021, is amended to read as follows: 23 a. Any bona fide religious institution with respect to any 24 qualifications the institution may impose based on religion , or 25 sexual orientation , or gender identity when such qualifications 26 are related to a bona fide religious purpose. 27 Sec. 11. Section 216.8, subsection 1, paragraphs a, b, c, 28 and d, Code 2021, are amended to read as follows: 29 a. To refuse to sell, rent, lease, assign, sublease, refuse 30 to negotiate, or to otherwise make unavailable, or deny any 31 real property or housing accommodation or part, portion, or 32 interest therein, to any person because of the race, color, 33 creed, sex, sexual orientation, gender identity, religion, 34 national origin, disability, or familial status of such person. 35 -4- LSB 1563YH (3) 89 cm/jh 4/ 8
H.F. 272 b. To discriminate against any person because of the 1 person’s race, color, creed, sex, sexual orientation, gender 2 identity, religion, national origin, disability, or familial 3 status, in the terms, conditions, or privileges of the sale, 4 rental, lease assignment, or sublease of any real property or 5 housing accommodation or any part, portion, or interest in the 6 real property or housing accommodation or in the provision of 7 services or facilities in connection with the real property or 8 housing accommodation. 9 c. To directly or indirectly advertise, or in any other 10 manner indicate or publicize that the purchase, rental, 11 lease, assignment, or sublease of any real property or housing 12 accommodation or any part, portion, or interest therein, by 13 persons of any particular race, color, creed, sex, sexual 14 orientation, gender identity, religion, national origin, 15 disability, or familial status is unwelcome, objectionable, not 16 acceptable, or not solicited. 17 d. To discriminate against the lessee or purchaser of any 18 real property or housing accommodation or part, portion, or 19 interest of the real property or housing accommodation, or 20 against any prospective lessee or purchaser of the property or 21 accommodation, because of the race, color, creed, religion, 22 sex, sexual orientation, gender identity, disability, age, or 23 national origin of persons who may from time to time be present 24 in or on the lessee’s or owner’s premises for lawful purposes 25 at the invitation of the lessee or owner as friends, guests, 26 visitors, relatives, or in any similar capacity. 27 Sec. 12. Section 216.8A, subsections 1, 2, and 5, Code 2021, 28 are amended to read as follows: 29 1. A person shall not induce or attempt to induce another 30 person to sell or rent a dwelling by representations regarding 31 the entry or prospective entry into a neighborhood of a person 32 of a particular race, color, creed, sex, sexual orientation, 33 gender identity, religion, national origin, disability, or 34 familial status. 35 -5- LSB 1563YH (3) 89 cm/jh 5/ 8
H.F. 272 2. A person shall not represent to a person of a particular 1 race, color, creed, sex, sexual orientation, gender identity, 2 religion, national origin, disability, or familial status that 3 a dwelling is not available for inspection, sale, or rental 4 when the dwelling is available for inspection, sale, or rental. 5 5. A person shall not deny another person access to, 6 or membership or participation in, a multiple-listing 7 service, real estate brokers’ organization or other service, 8 organization, or facility relating to the business of selling 9 or renting dwellings, or discriminate against a person in 10 terms or conditions of access, membership, or participation in 11 such organization because of race, color, creed, sex, sexual 12 orientation, gender identity, religion, national origin, 13 disability, or familial status. 14 Sec. 13. Section 216.8A, subsection 4, paragraph a, Code 15 2021, is amended to read as follows: 16 a. A person whose business includes engaging in residential 17 real estate related transactions shall not discriminate 18 against a person in making a residential real estate 19 related transaction available or in terms or conditions of 20 a residential real estate related transaction because of 21 race, color, creed, sex, sexual orientation, gender identity, 22 religion, national origin, disability, or familial status. 23 Sec. 14. Section 216.9, subsection 1, unnumbered paragraph 24 1, Code 2021, is amended to read as follows: 25 It is an unfair or discriminatory practice for any 26 educational institution to discriminate on the basis of 27 race, creed, color, sex, sexual orientation, gender identity, 28 national origin, religion, or disability in any program or 29 activity. Such discriminatory practices shall include but not 30 be limited to the following practices: 31 Sec. 15. Section 216.9, subsection 2, Code 2021, is amended 32 to read as follows: 33 2. For the purpose of this section , “educational 34 institution” includes any preschool, elementary or secondary 35 -6- LSB 1563YH (3) 89 cm/jh 6/ 8
H.F. 272 school, community college, area education agency, or 1 postsecondary college or university and their governing boards. 2 This section does not prohibit an educational institution 3 from maintaining separate toilet facilities, locker rooms, or 4 living facilities for the different sexes so long as comparable 5 facilities are provided. Nothing in this section shall be 6 construed as prohibiting any bona fide religious institution 7 from imposing qualifications based on religion , or sexual 8 orientation , or gender identity when such qualifications are 9 related to a bona fide religious purpose or any institution 10 from admitting students of only one sex. 11 Sec. 16. Section 216.10, subsection 1, paragraphs a, b, and 12 c, Code 2021, are amended to read as follows: 13 a. Creditor to refuse to enter into a consumer credit 14 transaction or impose finance charges or other terms or 15 conditions more onerous than those regularly extended by that 16 creditor to consumers of similar economic backgrounds because 17 of age, color, creed, national origin, race, religion, marital 18 status, sex, sexual orientation, gender identity, physical 19 disability, or familial status. 20 b. Person authorized or licensed to do business in this 21 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 22 to loan or extend credit or to impose terms or conditions 23 more onerous than those regularly extended to persons of 24 similar economic backgrounds because of age, color, creed, 25 national origin, race, religion, marital status, sex, sexual 26 orientation, gender identity, physical disability, or familial 27 status. 28 c. Creditor to refuse to offer credit life or health and 29 accident insurance because of color, creed, national origin, 30 race, religion, marital status, age, physical disability, 31 sex, sexual orientation, gender identity, or familial status. 32 Refusal by a creditor to offer credit life or health and 33 accident insurance based upon the age or physical disability of 34 the consumer shall not be an unfair or discriminatory practice 35 -7- LSB 1563YH (3) 89 cm/jh 7/ 8
H.F. 272 if such denial is based solely upon bona fide underwriting 1 considerations not prohibited by Title XIII, subtitle 1 . 2 Sec. 17. Section 216.12, subsection 1, paragraph a, Code 3 2021, is amended to read as follows: 4 a. Any bona fide religious institution with respect to 5 any qualifications it may impose based on religion , or sexual 6 orientation , or gender identity, when the qualifications are 7 related to a bona fide religious purpose , unless the religious 8 institution owns or operates property for a commercial purpose 9 or membership in the religion is restricted on account of race, 10 color, or national origin. 11 Sec. 18. Section 216.12A, Code 2021, is amended to read as 12 follows: 13 216.12A Additional housing exception. 14 Sections 216.8 and 216.8A do not prohibit a person engaged 15 in the business of furnishing appraisals of real estate from 16 taking into consideration factors other than race, color, 17 creed, sex, sexual orientation, gender identity, religion, 18 national origin, disability, or familial status in appraising 19 real estate. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill removes gender identity as a protected class under 24 Code chapter 216, the Iowa civil rights Act. 25 Under current law, Code chapter 216 prohibits discrimination 26 in employment, wages, public accommodations, housing, 27 education, and credit practices based upon certain 28 characteristics of a person, including gender identity. 29 A person who claims to be aggrieved by an unfair or 30 discriminatory practice prohibited by Code chapter 216 may 31 file a complaint with the Iowa civil rights commission. Code 32 chapter 216 defines “gender identity” as the gender-related 33 identity of a person, regardless of the person’s assigned sex 34 at birth. 35 -8- LSB 1563YH (3) 89 cm/jh 8/ 8
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